Have a US registered airplane in Canada (Private, over 12,500) can it be crewed by Canadian Pilots with a type rating, ATPL, etc.?
Flame away.
Canadian Pilots flying a US airplane in Canada
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Taxivasion
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Re: Canadian Pilots flying a US airplane in Canada
Yes, flying in Canada only.
Re: Canadian Pilots flying a US airplane in Canada
You require a current FAA type rating,medical and FAA PPC. I have done this. Be careful of the GST (90 day) tax rule.
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Schooner69A
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Re: Canadian Pilots flying a US airplane in Canada
This was a response posted nine years ago on the same question. You could google to see if anything has changed...
by Aviatard » Sat Jul 11, 2009 1:51 am
You don't need to do anything, assuming you have a Canadian license, and fly the aircraft only in Canada. The U.S. is a contracting state. If you wanted to fly that aircraft somewhere else, that's a different story.
CARS:
401.04 No person shall act as a flight crew member or exercise the privileges of a flight crew licence in Canada in an aircraft registered in a contracting state other than Canada, unless the person holds, and can produce while so acting or while exercising such privileges,
(a) a flight crew permit or licence issued under this Subpart; or
(b) a flight crew licence, or a document equivalent to a foreign licence validation certificate, that is issued under the laws of the contracting state.
ICAO Contracting States:
http://www.icao.int/icao/en/members.htm
by Aviatard » Sat Jul 11, 2009 1:51 am
You don't need to do anything, assuming you have a Canadian license, and fly the aircraft only in Canada. The U.S. is a contracting state. If you wanted to fly that aircraft somewhere else, that's a different story.
CARS:
401.04 No person shall act as a flight crew member or exercise the privileges of a flight crew licence in Canada in an aircraft registered in a contracting state other than Canada, unless the person holds, and can produce while so acting or while exercising such privileges,
(a) a flight crew permit or licence issued under this Subpart; or
(b) a flight crew licence, or a document equivalent to a foreign licence validation certificate, that is issued under the laws of the contracting state.
ICAO Contracting States:
http://www.icao.int/icao/en/members.htm
Re: Canadian Pilots flying a US airplane in Canada
As stated there are rules covering this situation and you don't necessarily need an FAA licence, nor do you necessarily need an ATPL. Is it turbine powered pressurized? Carrying passengers?
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Taxivasion
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Re: Canadian Pilots flying a US airplane in Canada
Jet, Carrying Pax but privately. No charters.
Re: Canadian Pilots flying a US airplane in Canada
Good day,
There are several issues here;
1) Licencing - I feel that schooner 69 has addressed that
2) Tax - ie GST. There are several issues that need to be looked at. The first is the 180 day rule with GST and TC. If you have a corporate jet ( American registered) and operate in Canada then you have 180 days aggregate to operate in Canada. During this time you can get TC to approve your Ops manual etc. If you exceed the 180 days you may not be able to get a refund on your GST. I have been thru this.
3) Ownership ( read "the nationalities of the board of directors of your employer) - Canada and the USA have different regulations for ownership requirements. I believe that Canada states that the board of directors must be 70% Canadian and the USA states 66% must be American.My employer met neiher requirement as an international company and I had to apply to TC for an exception which I received. I was required to send a letter to TC on an annual basi with a breakdown of our domestic and foreign flights.I did register the corporate jet in Canada after TC approved the manuals.
4) 5th freedom - carrying company pax or guests inside Canada?
5) Do NOT believe what you read on Avcanada. Contact a knownable tax lawyer consulante.
There are several issues here;
1) Licencing - I feel that schooner 69 has addressed that
2) Tax - ie GST. There are several issues that need to be looked at. The first is the 180 day rule with GST and TC. If you have a corporate jet ( American registered) and operate in Canada then you have 180 days aggregate to operate in Canada. During this time you can get TC to approve your Ops manual etc. If you exceed the 180 days you may not be able to get a refund on your GST. I have been thru this.
3) Ownership ( read "the nationalities of the board of directors of your employer) - Canada and the USA have different regulations for ownership requirements. I believe that Canada states that the board of directors must be 70% Canadian and the USA states 66% must be American.My employer met neiher requirement as an international company and I had to apply to TC for an exception which I received. I was required to send a letter to TC on an annual basi with a breakdown of our domestic and foreign flights.I did register the corporate jet in Canada after TC approved the manuals.
4) 5th freedom - carrying company pax or guests inside Canada?
5) Do NOT believe what you read on Avcanada. Contact a knownable tax lawyer consulante.
Re: Canadian Pilots flying a US airplane in Canada
If you want to operate it under FAA rules, you'll need FAA licences. If you want to operate in Canada with TC licences, it will have to be registered in Canada, have a POC etc etc.
